Archive for December 11, 2016

[LEGAL-FACT] The Electoral College Was Meant to Stop Men Like Trump From Being President The founders envisioned electors as people who could prevent an irresponsible demagogue from taking office.

Posted in United States with tags , , , , , , , , , , , , , , on December 11, 2016 by sheriffali

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[The Atlantic] “The Constitution says nothing about the people as a whole electing the president. It says in Article II that “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors.” Those electors then vote for president and vice-president. They can be selected “in such Manner as the Legislature thereof may direct.” This is to say, any way the state legislature wants. In 14 states in the early 19th century, state legislatures chose their electors directly. The people did not vote at all.  

 

Americans talk about democracy like it’s sacred. In public discourse, the more democratic American government is the better. The people are supposed to rule.

 

But that’s not the premise that underlies America’s political system. Most of the men who founded the United States feared unfettered majority rule. James Madison wrote in Federalist 10 that systems of government based upon “pure democracy … has ever been found incompatible with personal security or the rights of property.” John Adams wrote in 1814 that, “Democracy never lasts long. It soon wastes, exhausts and murders itself.”

 

The framers constructed a system that had democratic features. The people had a voice. They could, for instance, directly elect members of the House of Representatives. But the founders also self-consciously limited the people’s voice.

 

The Bill of Rights is undemocratic. It limits the federal government’s power in profound ways, ways the people often dislike. Yet the people can do almost nothing about it. The Supreme Court is undemocratic, too. Yes, the people elect the president (kind of, more on that later), who appoints justices of the Supreme Court, subject to approval by the Senate, which these days is directly elected, too. But after that, the justices wield their extraordinary power for as long as they wish without any democratic accountability. The vast majority of Americans may desperately want their government to do something. The Supreme Court can say no. The people then lose, unless they pass a constitutional amendment, which is extraordinarily difficult, or those Supreme Court justices die.

 

That’s the way the framers wanted it. And, oddly, it’s the way most contemporary Americans want it too. Americans say they revere democracy. Yet they also revere those rights—freedom of speech, freedom of religion, the right to bear arms—that the government’s least democratic institutions protect. Americans rarely contemplate these contradictions. If they did, they might be more open to preventing Donald Trump from becoming the next president, the kind of democratic catastrophe that the Constitution and the Electoral College in particular, were in part designed to prevent.

 

 

Donald Trump was not elected on November 8. Under the Constitution, the real election will occur on December 19. That’s when the electors in each state cast their votes.”

 

Twitter @sheriffali

 

 

 

Open The Atlantic Link For Full Article:

 

http://www.theatlantic.com/politics/archive/2016/11/the-electoral-college-was-meant-to-stop-men-like-trump-from-being-president/508310/

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